Posted on: August 12, 2025

How to Calculate Pain and Suffering Damages in Your Personal Injury Case
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Personal injury claims allow injured people to seek financial compensation from negligent individuals or businesses. At our firm, Michael J. Lichner has helped many people hurt in car wrecks and other accidents seek fair compensation for a variety of losses. Some of these damages are economic in nature, including the cost of medical care or lost wages. But some damages are non-economic, including pain and suffering. Questions arise in every case about how to calculate pain and suffering damages. Unlike with medical care, you don’t have a bill to present to the insurance company. Instead, these losses are more subjective. Call our office to speak with a Will County personal injury lawyer.

What is Pain and Suffering?

This is a legal term that covers the non-economic effects of an accident, such as:

  • Bodily pain. You can expect shooting or stabbing pain, or possibly intense aches and pains following any type of bodily trauma. A broken bone can throb constantly, or your sprained back can seize up whenever you try to sit.
  • Mental distress. Someone who feels constant pain will also suffer from emotional distress, such as irritability or anger.
  • Sleep disruption. Many of our clients struggle with insomnia due to pain, which can have compounding effects. The less you sleep, the longer your body will need to heal, which is a vicious cycle.
  • Loss of enjoyment of life. Bodily injuries also prevent people from enjoying hobbies, like going for walks, playing golf, or even visiting friends and family.
  • Post-traumatic stress disorder. This is a behavioral response to a traumatic incident. Common symptoms include flashbacks to the accident, as well as avoiding anything that reminds you of the accident.

We seek financial compensation for non-economic damages like those listed above. Of course, money is an imperfect substitute for feeling constant pain or suffering sleepless nights. Nonetheless, it’s what we can force the defendant to give you.

A big question is how to calculate damages for pain and suffering. There are a few common methods.

Three Methods for Calculating Pain and Suffering Damages

If your injuries keep you from working for three months, there’s an easy way to calculate how much to request: look at your recent pay stubs and multiply by the number of pay periods you missed because of the accident. There is no similar easy method for valuing pain.

Instead, there are three methods for calculating pain and suffering: the multiplier method, the per diem approach, and research involving recent settlements and verdicts.

The Multiplier Method: Flexible Method

The multiplier method calculates pain and suffering based on your economic damages, such as lost wages and medical bills. Add those up.

Then, multiply the economic loss by a number from 1.5 to 5. This gives you an amount to request for pain and suffering.

For example, you might have lost $10,000 for medical care and $8,000 for wages. We then multiply $18,000 by 1.5-5, giving you between $27,000 and $90,000. A fair amount for pain and suffering would fall within that range.

Generally, less significant injuries will fall on the lower end of the multiplier (1.5), while more serious injuries will fall at the higher end (5). Someone who experiences temporary pain from a strain will likely get 1.5 times their economic damages, while someone with a permanent injury, like an amputation, will request more.

Note: This method gives only a rough estimate. The insurance company might not agree that you deserve as much.

Per Diem Method: Easy to Use

Per diem means “by the day” in Latin. Under the per diem approach, we assign a dollar value for each day you experience pain and suffering. Then we multiply this amount by the number of days you experienced pain.

For example, we might believe $200 represents a fair amount for a day of pain. Because you felt pain and suffering for 90 days, we multiply $200 by 90, giving you $18,000.

The difficulty with the per diem approach is determining a fair value for a day of pain. The insurance company will likely assign a lower dollar value than your own attorney.

Comparable Injury Method: Subjective but More Helpful

Another approach is to research recent settlements involving injuries like yours. For example, you could have broken your arm and suffered whiplash in a rear-end collision. We then look for settlements for people who suffered similar injuries.

We can also look at how much someone received if they went to trial for injuries like yours. Remember, if settlement negotiations falter, then we might have to file a lawsuit. All negotiation takes place against a backdrop of what could happen if we litigate in court.

This method provides a realistic assessment of how much you can receive. Each insurance company is slightly different in its approach with respect to how pain and suffering is calculated, so we focus on claims handled by the insurer on the other side of your case.

What Can Limit Your Pain and Suffering Damages

We need to mention some factors that can reduce your pain and suffering award:

  • Defendant’s lack of resources. You can’t wring money from someone who has no funds. Some defendants only have a small insurance policy, or nothing at all. Even if you experience life-altering pain, the defendant’s inability to pay is a limit.
  • Your failure to mitigate your damages. All accident victims must take reasonable steps after an accident to treat their injuries. For example, you should go to the hospital or visit your doctor soon after getting hurt. If you fail to, then a defendant might claim some of the pain you feel is your fault.
  • Your comparative negligence. Illinois is a comparative negligence state. Your own share of fault will reduce your settlement by a similar percentage. That will reduce your pain and suffering compensation as well.

Call or Submit Your Information Online

Michael J. Lichner has helped accident victims for decades. Our office can tackle any type of bodily injury claim, from the most complex to the simplest. Contact us to schedule a free consultation with a Joliet personal injury lawyer.

Have Any Questions?

We know that you have important questions when you’re looking for an attorney. We’re always here to answer questions. There’s no cost or obligation to talk to our legal team. Learn more about your case and our legal services. Please contact us!
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How do I know if I have a case?

The most basic grounds for a case are that you’re hurt and it’s someone else’s fault, legally. There are multiple legal standards that may apply.

Most cases are accidents. The party responsible doesn’t necessarily have to have hurt you on purpose. Simple negligence, which is just an unreasonable absence of care, can be enough for the victim to have the right to compensation. In other words, you might have a case, even if it was an accident.

Ask us for your personal consultation. We can learn about what happened in your case and explain how the law may apply.

How will the value of my case be determined?

The purpose of a personal injury case is to compensate you fairly for the losses that you have suffered. That includes financial losses, plus the physical and emotional suffering that goes along with injuries. The question to answer is – What has the personal injury cost you, financially and personally?

There are other factors that may impact the value of a case. Comparative negligence may apply, for example. Punitive damages may be awarded, subject to statutory limitations and requirements for pretrial motion and hearing to amend the complaint. The legal strength of the case may also impact its value.

At your consultation, we look at your specific case and explain how the value of your case may be determined.

Will I have to go to court for my personal injury case?

Most Personal Injury cases don’t go to court, but we’re always ready just in case. In fact, aggressively preparing your case can be exactly what’s needed to reach a fair settlement. We’re always ready to pursue your interests as long as necessary for you to get justice.

It’s normal to be nervous about court. Many people ask us if their case will go to court, hoping that the answer is no. Rest assured that you’re hiring us to represent you. We’ll speak for you to the court. If it’s your turn to testify, we’ll make sure that you’re fully prepared and that you know what to expect.

As your legal representative, Michael L. Lichner works to understand your goals for litigation. He’ll discuss the pros and cons of going to court and help you make the right decisions for your case.

What types of damages can I recover in a personal injury lawsuit?

In a personal injury lawsuit, you can recover damages for the losses you have – financially and personally. You’ll have direct financial losses which may include medical bills, physical therapy, lost wages, and damaged property. You can put in a claim for these expenses.

In addition, when you have a personal injury, you suffer in a lot of ways that can’t be measured directly. For example, you will have physical pain. Injuries may cause mental injury and emotional anguish. Your lifestyle may change. These are real losses, too.

How can I have attorney Michael J. Lichner represent me?

If you’re interested in hiring Michael J. Lichner, contact us. Call or message us, and we’ll take it from there. We offer free consultations and no fee unless we win.

We’ll start with a consultation, answer your questions, and explain how representation works. When you pick us as your representation we’ll get right to work!

Don’t wait, contact us today!

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